DWI And DWAI Defined In New York State

DWI and DWAI Explained by Attorney Randall Innis: Understanding New York State’s Vehicle and Traffic Law 1192

Introduction: What are DWI and DWAI in New York State?

In New York State, impaired driving is taken very seriously, and the legal consequences for driving while intoxicated (DWI) or driving while ability impaired (DWAI) can be severe. These offenses fall under the state’s Vehicle and Traffic Law 1192, which defines and outlines the penalties for driving under the influence of alcohol, drugs, or any other substance that impairs a person’s ability to operate a vehicle safely.

In this comprehensive video, Attorney Randall Innis, a trusted criminal defense lawyer from the Innis Firm PLLC, breaks down the legal definitions and provides an in-depth explanation of what constitutes DWI and DWAI offenses. With years of experience in handling DWI and DUI cases, Attorney Innis clarifies the often misunderstood elements of these charges, including the concepts of ‘intoxication,’ ‘impairment,’ and ‘operation’ of a vehicle. Understanding these terms is critical for anyone facing charges, as the legal definitions can be more complex than many people realize.

Attorney Innis also highlights that arrests for DWI and DWAI can occur under circumstances where the vehicle is not even moving. This point is crucial, as it shows that the law doesn’t always require a vehicle to be in motion for an arrest to take place. This video will walk you through the various situations in which DWI and DWAI arrests can happen, helping you understand the law better and providing essential knowledge for anyone facing these serious charges in New York State.

Legal Definitions: What Does DWI and DWAI Mean?

To begin with, it’s important to understand the basic terminology used in New York State law. Attorney Randall Innis explains the definitions of two major offenses under Vehicle and Traffic Law 1192:

1. DWI – Driving While Intoxicated

DWI, or Driving While Intoxicated, is one of the most serious offenses in New York State. It refers to the act of operating a motor vehicle while your ability to do so is significantly impaired by alcohol or drugs. The legal threshold for a DWI is a blood alcohol concentration (BAC) of 0.08% or higher. Once a driver’s BAC reaches this level, they are legally considered intoxicated, regardless of any other factors.

It’s important to note that DWI is not limited to alcohol consumption. It can also apply to impairment caused by drugs, including prescription medication, illegal drugs, and even over-the-counter substances that cause drowsiness or altered thinking. DWI charges are serious and can result in severe legal penalties, including hefty fines, license suspension, mandatory alcohol education courses, and even imprisonment for repeat offenders.

2. DWAI – Driving While Ability Impaired

DWAI, or Driving While Ability Impaired, is a less severe offense than DWI but still carries significant consequences. Unlike DWI, which focuses on intoxication, DWAI applies to situations where a person’s ability to operate a vehicle is impaired to any degree, regardless of whether their BAC reaches the 0.08% threshold.

DWAI can result from any substance that impairs a person’s ability to drive. This includes alcohol, drugs, or even prescription medication. However, unlike DWI, DWAI charges do not require proof of intoxication at a specific legal threshold. Instead, the focus is on the level of impairment, which can be proven by a police officer’s observations or a chemical test showing the presence of alcohol or drugs in the driver’s system.

The Concept of ‘Operation’ in DWI/DWAI Charges

One of the key points emphasized by Attorney Innis in the video is the concept of ‘operation’ under New York State law. The term ‘operation’ doesn’t necessarily mean that a vehicle must be in motion for a DWI or DWAI charge to apply. This is a critical element that many individuals may not realize.

Under Vehicle and Traffic Law 1192, ‘operation’ refers to any use or control of a vehicle, even if it is stationary. Attorney Innis explains that simply being in the driver’s seat of a vehicle with the keys in the ignition could be enough to qualify as ‘operating’ the vehicle in the eyes of the law. Therefore, even if a vehicle is parked and not running, a driver can still face a DWI or DWAI charge if they are impaired or intoxicated in some way.

This distinction means that arrests can happen in situations where the vehicle is not moving, such as when a person is found asleep in their car after drinking or using drugs. It’s also possible for someone to be arrested even if they aren’t in the vehicle but have admitted to having been driving, and their actions or statements are used as evidence of operation.

Attorney Innis stresses that this broad definition of ‘operation’ is a critical part of how DWI and DWAI charges are prosecuted in New York State.

Circumstances of DWI/DWAI Arrests

Another important element covered in the video is the variety of circumstances under which a person can be arrested for DWI or DWAI. Attorney Innis clarifies that arrests for these offenses are not limited to instances where the vehicle is in motion. There are numerous scenarios in which law enforcement can arrest a person based on suspected impairment, even if the car isn’t moving or the driver isn’t actively operating the vehicle at the time of the arrest.

For example, if a police officer observes a driver who appears to be impaired—whether through erratic behavior, signs of intoxication, or other indicators—the officer may choose to investigate further. This investigation could include asking the driver to submit to a field sobriety test or a breathalyzer. If the driver’s BAC is found to be over the legal limit, or if they fail a field sobriety test, they could be arrested on the spot, even if the vehicle is parked and not in motion.

Similarly, a person could be arrested based on statements they make to a police officer. If a driver admits to having been driving while impaired, or if they make statements that suggest they were operating the vehicle under the influence, this could be enough to establish ‘operation’ for the purposes of DWI or DWAI charges.

Legal Services by Attorney Randall F. Innis

If you or someone you know is facing DWI or DWAI charges in New York State, it’s crucial to seek the counsel of an experienced criminal defense attorney who understands the intricacies of these laws. Attorney Randall F. Innis of the Innis Firm PLLC is well-versed in handling DWI and DWAI cases, providing skilled legal representation for clients in Suffern, New York, and beyond.

Attorney Innis has built a reputation for providing effective and knowledgeable legal defense in DUI/DWI cases. Whether you are facing a first-time charge or a more serious offense, the Innis Firm PLLC can help you understand your rights and explore the best possible defense strategies. With a thorough understanding of New York State’s DUI laws, Attorney Innis will work tirelessly to help you achieve the best possible outcome in your case.

To contact the Innis Firm PLLC, visit their website at www.trooper2lawyer.com for more information and to schedule a consultation. Attorney Innis offers personalized legal services and will guide you through every step of the legal process.

Conclusion: Protect Your Rights with the Innis Firm PLLC

Navigating DWI and DWAI charges in New York State can be complex and overwhelming. Understanding the legal definitions and circumstances surrounding these offenses is key to protecting your rights. Whether you’re dealing with a DWI charge after being arrested with a BAC over 0.08%, or a DWAI charge related to impairment caused by drugs or alcohol, it’s essential to work with an experienced attorney who can help you build a strong defense.

Attorney Randall F. Innis and the Innis Firm PLLC are committed to providing dedicated legal representation for clients in Suffern, New York, and surrounding areas. If you’ve been charged with DWI or DWAI, contact the firm today for a consultation and take the first step toward protecting your future. For more information, visit www.trooper2lawyer.com.